Agenda item

Briefing Note of the Director of Law and Governance

The Scrutiny Co-ordination Committee received a briefing note of the Director of Law and Governance that provided a progress report on the action taken in relation to the City Centre Public Spaces Protection Order (PSPO) further to the Order being amended on 21st November 2023 to include restrictions to e-bikes and e-scooters in the city centre. An Appendix to the briefing note PSPO set out detailed enforcement results for the period August - October 2025. Councillor AS Khan, Cabinet Member for Policing and Equalities, and Councillor P Akhtar, Deputy Cabinet Member for Policing and Equalities, had been invited to the meeting for this item but were unable to attend.

Cabinet approved the renewal of the City Centre PSPO on 13th June 2023 (their minute 3/23 referred), and also the submission of a progress report to the Scrutiny Co-ordination Committee to enable them to monitor the impact of the Order. Cabinet, at their meeting on 7th November 2023 (their minute 44/23 referred), considered a report on the amendment of the City Centre PSPO which included the requirement for e-bikes and e-scooter riders to dismount when entering the designated area in the city centre. They noted Scrutiny Co-ordination Committee’s concerns regarding enforcement of the amendment in terms of police capacity and priority within the city centre. A briefing note was circulated to Scrutiny Coordination Committee in August 2024 outlining the actions taken to engage and educate e-bike and e-scooter riders as well as the general public about the Order, and to ensure it could be adequately managed and enforced. Actions proposed, and implemented included an education campaign, signage, training for officers, joint patrols, and larger multi agency operations to bring in regional resources as needed.

Progress on enforcement included:

·  A new role of Community Warden in the Community Safety Team, predominantly city centre based and providing availability at weekends and early evening, with primary duties to provide a reassuring presence by engaging, educating and enforcing all aspects of the PSPO’s that are live in the city centre.

·  A dedicated Police officer acting as a point of contact for partners and to co-ordinate ongoing joint patrols and operations at a local level.

·  A City Centre Case management meeting enabling greater joint partnership working, to discuss problematic individuals/issues.

·  Joint operations in the city centre with the Police, that had included local agencies as well as regional and national resources, and West Midlands wide Police force resources including traffic support, pursuit riders, drones and similar.

·  Engagement with community groups including regular contact with the Disability Equality Action Partnership and attendance at their meetings.

·  Elected Members attended multi-agency operations in the city centre. 

·  Engagement with the Council’s Migration Team and key third sector partners to reach out to asylum-seekers to warn about the dangers of being exploited by working illegally for food delivery firms.

·  Alongside the Business Improvement District, sought feedback from businesses and stakeholders in the city centre regarding matters affecting them.

·  Continued monitoring and renewal of signage around the City Centre - no single case where a Fixed Penalty Notice had been appealed, on the basis that the rider was unaware or hadn’t seen signage.

Results on enforcement included:

·  25 Fixed Penalty Notices to e-bike and e-scooter riders in the three months between August-October 2025.

·  Current methods of recording enforcement interactions had improved due to a Home Office initiative targeting city centres over the summer, this method would continue as it better expressed the current situation in the city centre.

·  In addition to the PSPO powers, due to the modification of e-bikes to increase their speed meaning they were a motor vehicle and require appropriate insurance, policing partners seized 35 illegal e-bikes between August-October 2025.

·  Overall, addressing the issue of e-bikes and e-scooters in the city centre through effective engagement, education and enforcement, was improved.

·  Pedal cycles were permitted in the restricted areas and although action could be taken against those riding in a reckless manner, the practicalities of getting them to stop remined an issue.

The next steps to improve the City Centre PSO compliance were:

·  Continue to use action days with partners in West Midlands Police and the Business Improvement District, to include partners from Immigration Services to check the work status of riders where possible.

·  Community Wardens would link with the Council and partner agencies to concentrate on PSPO enforcement in the city centre.

In considering the briefing note, the Committee asked questions and received responses on matters in the following areas:

• Signage had been put in place to assist members of the public with the legal requirements and awareness raising of the PSPO. Work was continuing on improvements to signage and their locations, and further Communications work would also be looked at
• Officers engaged with food delivery organisations and further work would be carried out on this
• Local and regional enforcement operations were in place to maximise effectiveness
• Officers were aware of the exploitation of asylum seekers for deliveries for which discussions with organisations had taken place
• Multi-agency site visits would be arranged, with all Members of the Committee invited to attend to observe
• E-bikes were not illegal. Offences that were illegal included not wearing helmets and e-bikes that exceeded the power limit of 15mph - the Police had seized 50 e-bikes to date
• Bicycles could also be an issue due to speed and unsafe riding
• The PSPO covered some nuisance issues for which general notices could be issued however, Community Wardens dealt with noise issues rather than Enforcement Officers
• The figures suggested a small number of tickets had been issued to date however, it was difficult to compare data from the previous years as the recording system for incidents had evolved over time and each year had varied information recorded
• The resources available, including a re-structured enforcement team, links with the Council’s migration team, partnership working with the police, delivery companies, the Home Office and BID, and the potential use of drones.
• Deterrents were essential. Food delivery businesses needed to take more responsibility with harder consequences for offenders who worked for them, but it was important not to stifle the food delivery businesses.
• Food delivery riders were classed as self-employed and therefore were not employees of food delivery businesses
• All Local Authorities were currently looking for revised, more effective, legislation on the use of e-bikes. The Council called for this in a motion at the meeting of the Council on 2nd September 2025
• Current legislation was through the Road Traffic Act which were all applied in a similar way
• Officers to undertake further discussions with partners on alternative routes for e-bike food deliveries, including directing them to designated cycle routes rather than riding through the City Centre’s pedestrian areas
• Members were encouraged to report any e-bike ‘hotspots’ of concern situated outside of the City Centre area, to enable targeting for further investigation
• There had been opposition to a total ban of e-bikes and bicycles in the City Centre due to the environmental benefits of e-bikes and bicycles, over driving
• There was on-going engagement with charities, universities, asylum seekers, and more, regarding the issues with e-bikes and the requirements of the PSPO
• Anti-social behaviour concerns in Lady Herbert Gardens and Millenium Place were looked at on a multi-agency working basis
• Officers were part of a working group for anti-social behaviour matters - the Group’s work was continuing and fed into the Community Safety Partnership
• Cycling was recognised as a good from of green travel however, finding the balance between sensible use as a lower carbon alternative to a car with ensuring the safety of pedestrians and riders was essential. The further education of riders regarding safe riding practices and defined routes, was needed

A Radford Ward constituent, supported by Councillor M Mutton, a Radford Ward Councillor, attended the meeting and made a statement on her experience of being injured by an e-bike travelling at over 40mph in the city centre and the outcome of the court case, whereby the judge was frustrated at the lack of powers to give a stronger sentence. The Committee thanked the Radford Ward Constituent for sharing the details of the e-bike incident and the injuries she had sustained and wished her well in her continued recovery.

RESOLVED that the Scrutiny Co-ordination Committee:

1)  Notes the contents of the Briefing Note and Appendix, and the associated presentation.

2)  Has no further recommendations to make for the Cabinet Member or partners organisations.

3)  Agrees that the Business, Economy and Enterprise Scrutiny Board (3) Task and Finish Group for Active Travel be requested to include consideration of the issues relating to the use of e-bikes and e-scooters and report the outcome of the Group’s work on this matter the Committee.

4)  Agrees that officers liaise with the Council’s Communications Team regarding the creation of a video message on the dangers of e-bikes and e-scooters and to pursue this being televised on relevant media channels, and the local press also be requested to highlight this issue.

5)  Agrees that officers further liaise with the Council’s Communications Team in respect of promoting an awareness raising campaign on the potential dangers of e-bikes and e-scooters, their acceptable use, and the requirements of the Public Spaces Protection Order, in partnership with West Midlands Police, local press, national media and other relevant partners, including on the run-up to the Festive period.

6)  Agrees that a further update on the on the actions taken in relation to the City Centre Public Spaces Protection Order be submitted to the Committee in 6-months’ time and this be added to the Work Programme accordingly.